LAL SINGH Vs. MALKIAT SINGH

JUDGEMENT

(1.) DISMISSAL of application (Annexure P -4) filed under Order VI Rule 17 CPC for amendment of the written statement vide order dated 7.5.2014 (Annexure P -6) of the lower court, forms genesis of this revision petition.

(2.) A suit for recovery of Rs.6,02,000/ - with interest based on pronote and receipt dated 20.9.2008 is pending adjudication before the lower court since 13.9.2011. By way of amendment in the written statement, a receipt copy whereof is Annexure P -3 is sought to be pleaded with averments that though a loan of Rs.3,50,000/ - was taken from the plaintiff and yet another sum of Rs.2,50,000/ - was also received, but the entire payment with interest had been repaid to father of the plaintiff. In short, it is claimed that total amount of Rs.8,30,000/ - including interest had been paid to father of the plaintiff on 20.10.2013 in the presence of the witnesses and receipt of the same had been executed in favour of the defendant and his son.

(3.) COUNSEL for the defendant, petitioner herein, has urged that it is subsequent event and thus amendment should have been allowed. Support has also been sought from Rajesh Kumar Aggarwal and others Versus K.K. Modi and others, 2006 3 SCR 175 (Supreme Court) wherein it was held that it is mandatory for the courts to allow all the amendments which are necessary for the purpose of determining real questions of controversy between the parties.